Under the legislation in B.C., the definition of “serious impairment” should be known by everyone who works in personal injury law. Here is the definition as noted in the Insurance (Vehicle) Act [R.S.B.C. 1996] Chapter 231, Part 7 – Minor Injuries: “serious impairment”, in relation to a claimant, means a physical or mental impairment that […]
Read more "Accommodations in the Workplace"This application to assess the Plaintiff’s Bill of Costs was not properly handled and it resulted in a message from the Court to the profession in how to proceed on these types of applications going forward. If you read enough published cases, you start to see what is expected in any matter before the Court, […]
Read more "Court’s message to the profession – assessment of costs"We are going to review a recent defence application referenced as Hendricks v. Xie, 2019 BCSC 1034 (CanLii) seeking an Order to have two actions tried at the same time, which did not succeed. We will summarize the arguments of both parties and take a look at the Court’s analysis and conclusion. Facts: Two MVAs […]
Read more "Consolidation – Actions to be tried at the same time"Today’s article will focus on a recent application referenced as Chapman-Fluker v. Gustavson, 2019 BCSC 1022 in which the Defendant seeks an Order for an extension of time in filing a Notice Requiring Trial by Jury. It was discovered quite late during the litigation process that a jury notice was inadvertently not filed. We will […]
Read more "Jury Notice – Seeking an Extension"Another unsuccessful attempt by defence in a recent decision referenced as Mladjo v. Eteridge, 2019 BCSC 950 to argue that the Plaintiff has failed to mitigate her damages. This is a defence tactic that we see in most cases, and one that should be considered in the management of your client’s case. Under the new […]
Read more "Duty to Mitigate – Management Required"There was a time in my career where I worked in civil litigation and a matter came before us to oppose an injunction that was being sought. Therefore, this recent decision caught my attention. These applications are serious – and one of the most crucial impact when an interlocutory injunction is being sought is the […]
Read more "The test for inerlocutory injunctive relief"We will review a recent case referenced as Khademolhosseini v. Ji, 2019 BCSC 854 in which the total amount awarded to the Plaintiff was $485,918.80. Of this amount, $350,000 was awarded under the category of loss of future earning capacity and this article will therefore focus on this topic specifically. Facts on presentation: Plaintiff seeks […]
Read more "Loss of future earning capacity"This is a case referenced as Hinagpis v Adaza III, 2019 BCSC 880 (CanLII) in which the Plaintiff’s presentation of her claim was outstanding and recovered $518,671.66 in damages, the breakdown of which is: Non-pecuniary damages – $115,000.00; Loss of past earning capacity – $135,000.00; Loss of future earning capacity – $160,000.00; Cost of future […]
Read more "Activities of Daily Living – Loss of Housekeeping Capacity"Joint Experts has been a topic of discussion recently in the legal industry, specifically relating to personal injury claims since Rule 11-8 was created limiting the experts in motor vehicle action claims. While joint experts have more commonly been used in family law cases, and even construction cases, rarely have we seen them used in […]
Read more "Joint Experts – Considerations"When involved in a motor vehicle collision, a finding of fault will be determined by ICBC. If you disagree with the assessment of fault, the option is to dispute it through the Civil Resolution Tribunal. CRT Jurisdiction – as noted on the CRT Website: The CRT can resolve certain motor vehicle injury disputes. There are […]
Read more "Civil Resolution Tribunal – Liability Dispute"